Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-11-03

in that part OF its opinion which mas
been printed with this motion remarks
"a follows The objection that the letter
was obtained from the defendant by an
unlawful seizure Is made for the hrst
time IN this court. II was not made on
the trial in the court below. Such
an objection as this, which is not sng
gested by the nature. of offered eyi.
dencc but depends upon the proof OF
ON outside fact, should have been made
on the trial. The defence should have
proved that the Most letter was one OF
the letters illegally seized by the police,
and should then have moved to exclude
it or oppose its admission on the ground
that it was obtained by such illegal
seizure. This was not done, and there
fore we cannot consider the constitu-
tional question supposed to be involved.
Even though the Court was wrong In
saying that it did not appear that the Most
letter was one of the papers illegally
seized, it still remains uncontradicted
that no objection was made in the trial
court to its admission on that account.
To give us jurisdiction under section
700 of the Revised Statutes, because OF
denial by State court OF any title,
right. privilege, or immunity claimed
under the Constitution, or any treaty or
statute of the United States, it must ap-
pear that such title. right, privilege, or
immunity was specially set mp or claimed
at the proper time and IN the proper
way. 10 BE- reviewsble the decision
must be against the right so set up or
claimed. As the Supreme Court OF
the State was reviewing the de-
cision of the trial court, to make the
question renewable here it must appear
that the claim was made in that court,
because the Supreme Court was only
authorized to review the Judgment OF
that court for errors committed there,
and We can do more. This is not, as
seems 10 be supposed by one of the
counsel for the petitioners. a question oi
waiver OF right under the Constltu.
tion. laws. or treaties OF the United
States: but a question of claim. Ii
not set up or claimed in the proper
court below the judgment OF the State
court in action is conclusive so lar as the
right Of review here is concerned. The
question whether the letter, if obtained
as claimed. would have been competent
evidence is not before us, and therefore
no foundation is laid under this oblec
ton for the exercise of our jurisdiction
As 10 the suggestion by the counse
forthe petitioners Spies and Fielden tha
/ Spies having been born in Germany
, and Fielden IN Great Britain, they hav'
5 been denied by the decision OF the eour
, below the rights guaranteed to them b.
( the treaties between the United State
| and their respective countries, it is sui
- ficient TO say that no such question
, were made and decided in either OF th
r courts below, and they cannot be raise'
! i'm this court for the first time. We hav
not been referred to any treaty neithe
1 are we aware of any under which sue
questions could be raised.
I Being Of tue opinion, therefore, tha
e the Federal questions presented by tn
5 counsel for the petitioners, and whlc
5 they say they desire 10 argue, are not |
fact involved in the determination OF III
n case as it appears on the face OF the n
e cord, we deny the writ.
s TIE NEWS IN CHICAGO.
c Within fifteen minutes after tue dec
o sion of the supreme Court was kno"
t to-day eight or ten officers in citizen
e clothes appeared at the jail. Two
IS them stepped quietly into the jail al
{ the others disposed OF themselves III q
re Criminal Court building and about q
IN neighborhood. Without any prevlo
intimation. the rule debarring visitc
Sc from the jail was quickly put into fore
H. and none we're allowed to enter I
le building during the afternoon exec
C. officers, reporters, and relatives OF u
d. Anarchists As soon as tho news iro
y Washington had generally circulat,
n through the city there was rush OF mi
So cellaneous people to see the condemns
L. men before it was too late. They enter,
} the sheriifs office in droyes, but 4
le latch. string had been withdrawn. LoI
AS and long were the expostulations, but
e, burly deputy who guarded the way
1t the iail.yard was obdurate as the pris
~ walls. Friends of the doomed IN
~ bearing baskets of delicacies for the
OF begged admlttance. The dainties we
a passed in, but only relatives gain
1T entrance. Sheriff Matson said:
or don't want to make any fuss about
ry but the visits Of other Anarchists hs
d, cot to stop. Henceforth the doom
ar men will not be allowed to have a
4, more recreation hours. Personally
ne would like to grant them all the favor
IN could, but don't think it would be W
ne to do s.. 1t may seem FOOLS
ch and perhaps il Is foolish, i
IL | don't want these men to cheat {
'e ralIows by killing themselves. Th
r. friends might give them daggers or p
rn son. and although know that il tn
n should want to kill themselves we wor
ID be powerless to prevent it still L shot
rd not like to have it said that II L had
ng tended to my duty the suicides mie
no have been prevented.
The first of these to arrive was VI
% Engel. There was a sort OF scared
his preston on her poor, worn face, and
sal moved about in a nervous manner
urt though she could scarcely realize I
to the last slender thread OF hope /
nal broken. She brought basket OF toe
led some edibles for her husband, and ia
les Folz took a chair from tho OF
to and carried it out to the cage
the placed it for her near the b
he Linggs aunt and q young i
in cousin and one Of his fair admirers ca
be next. They were all downcast, '
one traces of tears on their checks but {
left had not been talking to the reck
ion bomb. maker fvo minutes before t
2 Of were all laughing, and theirmirth sou
airy ed strangely incongruous with the
her ings of most OF those present.
we A SIGNIFICANT INCIDENT
re, Of the day had its scene at police h
lnd quarters. The moment word OF the
t OF cision was received all the detective
OF the building disappeared with surpri
II is suddenness. As to what districts
nial places they were assignedtheir super
.tial were non-communicatiy when as
me. II is known, however. that for some
non the men have had sealed instruction
this act as soon as the decision was recei
"We will not be caught mapping,
'jec- all the officials would say. Besides
ON reoular force the detective departr